SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2000 SESSION

006091452
SENATE BILL NO. 725
Offered January 24, 2000
A BILL to amend and reenact §§ 22.1-270, 63.1-105.2, and 63.1-202.1 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 32.1-46.1, relating to testing of children for elevated blood lead levels.
----------
Patrons-- Lambert; Delegates: Baskerville, Crittenden, Drake and Ingram
----------
Referred to Committee on Education and Health
----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 22.1-270, 63.1-105.2, and 63.1-202.1 of the Code of Virginia are amended and reenacted and the Code of Virginia is amended by adding a section numbered 32.1-46.1 as follows:

§ 22.1-270. Preschool physical examinations.

A. No pupil shall be admitted for the first time to any public kindergarten or elementary school in a school division unless such pupil shall furnish, prior to admission, (i) a report from a qualified licensed physician of a comprehensive physical examination of a scope prescribed by the State Health Commissioner performed no earlier than twelve months prior to the date such pupil first enters such public kindergarten or elementary school or (ii) records establishing that such pupil furnished such report upon prior admission to another school or school division and providing the information contained in such report.

The comprehensive physical examination or records establishing that such pupil furnished the report on the physical examination upon prior admission to another school or school division shall include, in accordance with the regulations of the Board of Health, (i) proof of screening for elevated blood lead levels or (ii) documentation that a physician has made a determination that the child is at low-risk for elevated blood lead levels.

B. The physician making a report of a physical examination required by this section shall, at the end of such report, summarize the abnormal physical findings, if any, and shall specifically state what, if any, conditions are found that would identify the child as handicapped.

C. Such physical examination report shall be placed in the child's health record at the school and shall be made available for review by any employee or official of the State Department of Health or any local health department at the request of such employee or official.

D. Such physical examination shall not be required of any child whose parent or guardian shall object on religious grounds and who shows no visual evidence of sickness, provided that such parent or guardian shall state in writing that, to the best of his knowledge, such child is in good health and free from any communicable or contagious disease.

E. The health departments of all of the counties and cities of the Commonwealth shall conduct such physical examinations for medically indigent children without charge upon request and may provide such examinations to others on such uniform basis as such departments may establish.

F, G. [Repealed.]

H. The provisions of this section shall not apply to any child who was admitted to a public school prior to July 1, 1972.

I. Parents or guardians of entering students shall complete a health information form which shall be distributed by the local school divisions. Such forms shall be developed and provided jointly by the Department of Education and Department of Health, or developed and provided by the school division and approved by the Superintendent of Public Instruction. Such forms shall be returnable within fifteen days of receipt unless reasonable extensions have been granted by the superintendent or his designee. Upon failure of the parent or guardian to complete such form within the extended time, the superintendent may send to the parent or guardian written notice of the date he intends to exclude the child from school.

§ 32.1-46.1. Certain testing for elevated blood lead levels required.

In accordance with the regulations of the Board of Health, the parent, guardian, or other person standing in loco parentis of each child within the Commonwealth shall cause such child to be tested for elevated blood lead levels or shall obtain a determination from a physician that the child is at low-risk for elevated blood lead levels.

The Board shall promulgate regulations for the testing of children for elevated blood lead levels and determinations of low-risk for elevated blood lead levels which shall include, but need not be limited to, the ages and frequency of such testing. The Board's regulations shall be consistent with the guidelines of the Centers for Disease Control and Prevention.

§ 63.1-105.2. Requirements for recipients of aid to families with dependent children (AFDC).

An applicant for aid to families with dependent children (AFDC) shall provide verification that all eligible children not enrolled in school, a licensed family day home, or a licensed child day center, have received immunizations in accordance with § 32.1-46 and have been tested for elevated blood lead levels or obtained a documentation that the child has been determined by a physician to be at low-risk for elevated blood lead levels, in accordance with § 32.1-46.1 and the regulations of the Board of Health. However, if an eligible child has not received immunizations in accordance with § 32.1-46 or testing for elevated blood lead levels or documentation to be a low-risk for elevated blood lead levels, verification shall be provided at the next scheduled redetermination of eligibility for AFDC after initial eligibility is granted that the child has received at least one dose of each of the immunizations required by § 32.1-46 as appropriate for the child's age and that the child's physician or the local health department has developed a plan for completing the immunizations. Verification of compliance with the plan for completing the immunizations shall be presented at subsequent redeterminations of eligibility for AFDC.

Recipients of AFDC on the effective date of this act shall provide verification of receipt of immunizations in accordance with § 32.1-46 for all eligible children not enrolled in school, a licensed family day home, or a licensed child day center, at the next scheduled redetermination of eligibility for AFDC after notification of the requirements of this act. However, if an eligible child has not received immunizations in accordance with § 32.1-46, verification shall be provided at the next scheduled redetermination of eligibility for AFDC after notification of the requirements of this act that the child has received at least one dose of each of the immunizations required by § 32.1-46 as appropriate for the child's age and that the child's physician or the local health department has developed a plan for completing the immunizations. Verification of compliance with the plan for completing the immunizations shall be presented at subsequent redeterminations of eligibility for AFDC.

If necessary, the local department shall provide assistance to the AFDC recipient in obtaining verification from immunization providers. No sanction may be imposed until the reason for the failure to comply with the immunization requirement has been identified and any barriers to accessing immunizations have been removed.

Failure by the recipient to provide the required verification of immunizations shall result in a reduction in the amount of monthly assistance received from the AFDC program until the required verification is provided. The reduction shall be fifty dollars for the first child and twenty-five dollars for each additional child for whom verification is not provided.

Any person who becomes ineligible for AFDC payments as a result of this provision shall nonetheless be considered an AFDC recipient for all other purposes, including Medicaid eligibility.

§ 63.1-202.1. Child Day-Care Council created; members; terms; duties.

The Child Day-Care Council is hereby created. Its members shall be appointed by the Governor and serve without compensation. The members of the Council shall consist of two nonprofit child day center operators; three private for-profit child day center operators; one representative from each of the Departments of Social Services, Health, Education, Fire Programs, and Housing and Community Development; one pediatric health professional; one child development specialist; one parent consumer; one legal professional; one representative of the Virginia Council for Private Education; and one representative each of a child day center offering a seasonal program emphasizing outdoor activities, a private child day center offering a half-day nursery school program, and a local governing body all of which operate programs required to be licensed under this chapter. The membership of the Council shall also include such representatives of state agencies as advisory members as the Governor deems necessary. The Governor shall designate a member of the Council to serve as chairman.

The members of the Council shall be appointed for four-year terms, except appointments to fill vacancies shall be for the unexpired term.

The Council shall promulgate regulations for licensure and operation of child day centers in the Commonwealth in accordance with the regulations referred to in § 63.1-202.

The Council shall promulgate regulations in collaboration with the Virginia Recreation and Park Society, the Department of Health, and the Department of Mental Health, Mental Retardation and Substance Abuse Services for therapeutic recreation programs to be effective no later than July 1,1995 2001, which shall include a requirement for a physical examination for each child admitted to a child day center. In accordance with the regulations of the Board of Health, the standards for the physical examination for the children shall require that all children admitted to child day centers be immunized in accordance with the requirements of § 32.1-46 and that each child be tested for elevated blood lead levels or obtain documentation that the child has been determined by a physician to be at low-risk for elevated blood lead levels.

All staff and other support services required by the Council shall be provided by the Department of Social Services.